Even before the US Constitution was ratified, the notion of empowering federal judges to declare statutes unconstitutional was controversial and complicated. Since Marbury v. Madison (1803), judicial review has become essential to the Supreme Court’s role in our republic. Yet the Court’s actual exercise of that power in many instances reignited political controversy.

In his new book, “Repugnant Laws: Judicial Review of Acts of Congress from the Founding to the Present” (University Press of Kansas, 2019), Keith Whittington reviews the Court’s decisions declaring laws unconstitutional. His book highlights and clarifies the Court’s role in our constitutional order, how it has evolved over time, and its relationship with contemporaneous political developments.

Please join AEI for a conversation between Dr. Whittington and AEI’s Adam White on this provocative new understanding of judicial review.

This audio first appeared at an AEI event held on February 21, 2020, at AEI’s headquarters in Washington, DC.

Watch the full event here.